Section 10-71.—Action on Probate Bond

Current through August 12, 2025 (2026 Practice Book edition) · Last verified July 9, 2026

In one sentenceWhen someone other than the estate representative sues on a probate bond for the benefit of interested persons, the complaint must state whose benefit the suit serves, how they are interested, and how the defendant's conduct harmed them.

Full Text of Section 10-71

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In any action upon a bond taken in a Probate Court, not brought by a representative of the estate in connection with which the bond was given or by some person in that person’s own behalf and that of all other persons interested in the estate, the plaintiff shall aver in the complaint or reply for whose special benefit the action is prosecuted, and how such persons are interested in the same, and how the act or neglect of the defendant has injured their rights or affected their interests and the judgment rendered in any such case shall not, in any future proceedings, by scire facias or otherwise, bar or conclude the rights of other persons interested in the bond. (See General Statutes § 52-117 and annotations.)

End

Amendment History

(P.B. 1978-1997, Sec. 189.)

Plain-English Summary

Section 10-71 governs actions on a bond taken in a Probate Court, but only when the suit is not brought by a representative of the estate connected to the bond, or by a person suing on behalf of that person and all other persons interested in the estate. In that situation, the plaintiff must aver in the complaint or reply for whose special benefit the action is prosecuted, how those persons are interested in the estate, and how the defendant’s act or neglect injured their rights or affected their interests.

The rule also limits the effect of the judgment: whatever is decided in such a case does not, in any future proceeding by scire facias or otherwise, bar or conclude the rights of other persons interested in the bond.

Frequently Asked Questions

Who has to plead these special facts about the probate bond action?

Anyone suing on a probate bond who is not a representative of the estate and not suing on behalf of that person and all other interested persons.

What exactly must the complaint or reply state?

For whose special benefit the action is prosecuted, how those persons are interested in the estate, and how the defendant’s act or neglect injured their rights or affected their interests.

Does a judgment in this kind of case bind everyone interested in the bond?

No. The rule states that the judgment in such a case does not bar or conclude the rights of other persons interested in the bond in any future proceeding.

Source & verification. The section text is reproduced verbatim from the official Connecticut Practice Book (Conn. Practice Book § 10-71). Prescribed by the Judges of the Superior Court of Connecticut (Conn. Gen. Stat. Section 51-14). The plain-English summary is original and written by us. Last verified July 9, 2026. · Official source

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